COMMUNITYRULES AND REGULATIONS
Revised, February 22, 2010
TABLE OF CONTENTS
Policies Applicable to all Owners, Tenants, and Guests
- Security,Safety, and Lighting
- Storage of Property on Private Patios or Balconies
- Storage of Property in Common Areas
- Property Inside Units
- Clothes Drying Outside Units
- Entry Areas and Sidewalks
- Pets & Service Animals
- Window Coverings
- Noise & Complaint Procedure
- Utilities & Water Leaks
- Vehicle Repair
- Anti-Theft Alarms
- Towing Illegally Parked Vehicles
- Pest Control
- Criminal Activity
- Eviction of Tenants
- Common Area Modifications
- Common Area Repairs
- Unit Interior Repairs by Management Company
- Smoke Detectors
- Number of Occupants
Policies Applicable Primarily To Owners
1st. Amendment of Rules and Regulations
- Condominium Leasing
- Leasing of Units by Management Company
- Late Charges
- Return Checks
- Board Access to Units
- Fees for Special Services
- Change of Address
- Names and Addresses of Tenants
- Name and Address of New Owners
- Security Device Requirements If You Rent Your Unit
- Interior Water Leaks
- Declaration Provisions
- Release of the Association, Officers, & Directors
COMMUNITY RULES AND REGULATIONS FOR ALLENDALE CONDOMINIUMS
Applicable to All Owners, Occupants, and Guests
Our Homeowners Association has adopted the following rules to help maximize enjoyment, maintain values, and assure the continued aesthetic beauty of our community. The rules apply to all Owners and their families, tenants, and guests. If a unit is leased, the rules are automatically a part of each lease, even if they are not attached, and each Owner is responsible for making sure his tenants have a copy of the rules and follow them. You are encouraged to ask your neighbors to follow the rules.
Please direct any repair requests, complaints, or rule violations to the following:
The rules will be strictly enforced. If any occupant or guest of the Owner’s unit violates the rules, the Owner shall be responsible for corrective action, damages, and fines.
The following policies are partly from the Declaration and partly adopted by action of the Board of Directors. All Declaration provisions apply, even if not set forth below. Except for provisions of these policies that come from the Declaration, the policies may be changed or added to by the Board.
Policies Applicable to all Owners, Tenants, and Their Guests
1. Security, Safety, and Lighting
Neither the Association nor the Association’s management company provides or warrants security. Each occupant is responsible for the security of himself and his family and guests. Each Unit has:
- keyless deadbolts on all entry doors
- keyed deadbolts on all entry door
- pin locks on all sliding glass doors
- door viewers on all exterior doors
Consult management regarding your statutory security device obligations as a landlord if you ever rent your Unit. These locks provide added protection for occupants while inside of the Unit.
Occupants are requested to report Common Area lighting problems or hazardous conditions immediately to the Association’s management company representative. The Association cannot and does not check exterior lighting on a daily basis. The Association generally must rely on Unit Owners and residents to notify the Association’s managing agent when lights are burned out or insufficient in some manner. Clever criminals can defeat almost any kind of crime deterrent. Unit occupants must assume that the electronic or mechanical devices may malfunction from time to time.
2. Storage of Property on Private Patios, Porches, or Balconies
The only items which may be stored temporarily or permanently on private patios or balconies which can be viewed from Common Areas are the following: lounges and lawn chairs, exterior tables, live plants in pots or hanging baskets, one enclosed trash receptacle with lid, and one properly stored barbecue grill (which may not be used within ten (10) feet of any building). Nothing may be hung on the railings. Items stored on the patios must not appear to be in disrepair.
All other property must be kept inside the Unit (or inside exterior closets or storage rooms), including and not limited to: towels, bathing suits, mops, brooms, barbecue briquettes, fuel, wood, tools, carpeting, boxes, plastic bags, beverages, furniture, automobile equipment, bicycles, toys, and other items deemed inappropriate by the Association. All property stored in violation of this rule maybe removed and disposed of without prior notice by any Board member or management company representative.
3. Storage of Property in Common Areas
No property may be stored temporarily or permanently on sidewalks, balcony walkways, stair landings, parking lots, or other Common Areas. Garage sales and estate sales are not allowed, unless approved by the Board. Management company employees and service personnel, Board members, and persons designated by them, may remove and dispose of any property stored in violation of this rule.
4. Property Inside Units
The Association has the right and the responsibility to control the safety, health, and appearance of the Property, including the right to require removal of objects which are visible from the Common Areas and which detract from the Property’s appearance. Window Coverings must be in good condition, hung properly, and comply with Paragraph 9 regarding color and materials. Storage of boxes and personal property in garages/parking spaces is prohibited if such storage prevents the parking of the Owner’s or occupant’s vehicle(s) in the garage/space.
5. Clothes Drying Outside Units
No clothes, towels, or other items may be hung anywhere outside, i.e. on patios, patio railings, or balcony railings. Clothes or other items must be dried inside the Units or in the laundry room dryers. Items being dried outside in violation of this rule may be removed and disposed of without prior notice by any Board member or management representative.
6. Entry Areas and Sidewalks
Entry areas, walkways, steps and landings shall be kept clean and neat by the Owners using them. Only doormats can be placed in these areas. Feeding bowls for pets may not be left outside since they attract stray animals and compound “clean-up” problems. Owners must keep the concrete floor of their patios free of paint, stains, pet droppings, and debris. A Unit Owner will be charged if, after notice, the Owner fails to clean his patio or remove improperly stored property, and the Association is responsible for the clean-up or removal.
Garbage, rubbish, debris, recycling materials, or cuttings shall not be left or deposited, even temporarily, on any Common Areas or patios. All refuse must be placed in the dumpster in the parking lot. Individual trash and recycling containers shall be kept out of view from the Common Areas of the Project. In specifically for the storage of individual trash containers, that Unit Owner may use such storage area for the storage of individual trash containers.
Dogs, cats, fish, birds and other animals may be kept in Units only with the permission of the Board and only in compliance with Association rules. Owner or tenant must submit a request to the Board for pet approval at least 14 days before a pet is brought to live on the property. Only pets that have received approval from the Board are allowed to be kept in a unit.
Except for birds, fish, and cats, no more than one animal may be kept in a Unit. No more than two birds or two cats, or one of each, may be kept in a Unit. Dogs weighing more than 20 pounds may not be kept in a Unit, except dogs that received approval from the Board prior to the adoption of these Rules and Regulations. Animals are not allowed in the fenced pool area. Animals may not make excessive noise (in the judgment of the Board). Animals may not be bred onsite for commercial purposes. Dogs must be kept on a leash by a person who is capable of controlling said animal when outside a Unit. Leashes may not be tied to objects and must be held by a person who can control the animal at all times. Animals may not be left alone outside a Unit, including but not limited to being left on balconies, patios, or non-fenced yards. Owners of Units where an animal is housed have the responsibility to immediately clean up after such animal has defecated in Common Areas or in outside balconies, patios, or enclosed court yards. Dogs may not urinate or defecate in any Common Area of the Project. The Owner or Owner's tenants or guests shall be responsible for immediate removal of pet defecation from Common Areas if "accidents" occur while walking the pet. Used cat litter must be put in plastic garbage bags and disposed of only in the trash dumpsters. Cat litter may not be dumped in flower beds, as the ammonia will kill vegetation. Owners must keep their Units in a sanitary condition and free from fleas, pet parasites, and noxious odors. Pet feeding bowls may not be left outside.
Unit Owner and the pet owner shall be jointly liable for damage caused to Common Areas by pets of the Owner or the Owner's tenants or guests. Unit Owners and the pet owner shall be jointly liable to all other Unit Owners and their respective tenants, families, guests, and invitees for injury caused by pets.
No vicious, fierce or dangerous animals shall be kept at any time on the premises. For purposes of this section, the terms vicious, fierce or dangerous means and includes an animal which, at the discretion of the Association, has:
- Attacked a person without having been provoked by that person;
- Attacked, at some place other than its owner's or keeper's property, another animal;
- Chased or approached a person at someplace other than its owner's or keeper's property, in a menacing fashion or apparent attitude of attack.
It shall be the duty of any person with the municipal authority to impound an animal forthwith to impound any vicious, fierce or dangerous animal found unconfined or running at large in violation of this section. Any Unit Owner or tenant who owns an animal or breed of animal which is expressly prohibited by the Project’s Liability Insurance Policy, may be notified by the board in writing to find the animal a new home or turn the animal over to the local humane society within seven (7) days of notice.
Unit Owners or tenants must obtain prior written approval by the board before certain breeds of dog--including but not limited to Pit Bulls, Dobermans, Chows, Wolf Hybrids, and Rottweilers--are brought onto the property by the Unit Owner, tenant, or their guest. The Board of Directors may require permanent removal of any pet when the pet or its owner has repeatedly violated these rules or the pet has become objectionable in the opinion of the Board. Service Animals brought onto the project shall be handled on case-by-case basis.
9. Window Coverings
No foil or other materials objectionable in the reasonable judgment of the Board of Directors shall be placed in or next to any window or sliding glass door. Security bars may not be installed. Any window coverings must be neutral in color, which shall include beige, white, cream or natural wood.
“For Sale,” “For Rent,” and all other signs are prohibited and may not be exhibited any where in the Project, except inside the Unit and displayed in the window and outside the gate/entry way leading into the project. Board members and management company representatives may enter, without prior notice, and remove and throw away any signs that violate this restriction. The Owner upon request shall remove items visible in common areas that are deemed menacing by the Association.
11. Noise & Complaint Procedures
Unit Owners and occupants shall refrain from playing radios, televisions, stereos, and other electrical or mechanical devices so loudly that they may be heard outside their Unit. Doors and windows must be shut when playing televisions, stereos, and similar sound equipment at sound levels objected to by any Unit Owner, tenant, or management representative. Yelling or loud talking outside is prohibited. Excessive noise from automobiles, or automobile stereo equipment is also prohibited.
Should an event within the Project and/or Common Area(s) become a nuisance, the following guidelines have been outlined to control such nuisances:
a) If there is an event within the Project and/or Common Area(s) that is a nuisance, simply ask the offending party to reduce noise levels.
b) If the noise persists, please register a written complaint with the Board of Directors with the following information: Date of Offense, Units/Persons Involved, Description of the Offense, and Steps Taken to Rectify the Situation.
c) On the third (3rd) registered complaint with the Board of Directors, and for every complaint thereafter, within a rolling six-month (6) period, a fine of no less than $100 shall be levied on the offending party(ies). The fine shall be collected with the next month’s dues and is subject to any late penalties as stated in the rules and regulations.
i. The levied fine may be appealed in writing and by appearance before the Board within thirty(30) days of assessment.
ii. Should a fine be due prior to scheduled appeal, the fine must be paid in full and a refund will be issued if repealed.
Parents and persons caring for children shall take extra care to make sure that their small children do not enter the pool area without an adult who can swim. Swimming pool rules are posted by the pool and are summarized below.
- No lifeguard is on duty. Persons swim at their own risk.
- No child under twelve (12) may use the pool unless accompanied by a person over eighteen (18).
- No pets or glass containers are permitted in the pool area.
- No diving, running, loud noise, or loud music is permitted.
- No guest is allowed in the pool area unless accompanied by the Owner or Tenant of a Unit.
- No more than five (5) persons from a Unit are permitted in the pool area at any one time.
- No private pool parties are allowed. All residents may use the pool anytime.
- No walkways around the pool may be obstructed by anyone.
- Pool hours are posted on the signs in the pool area
The Board of Directors has the exclusive right to designate the type, size, location, and signage on mailboxes. Names on the outside of mailboxes are not allowed and may be removed by management without prior notice. Publicly identifying names with a particular Unit increases the risk of crime for occupants of the Unit.
14. Keys & Security Codes
Upon the sale of a Unit, the Association and the Board of Directors recommends that the new owner -- as it is their responsibility unless otherwise provided for -- re-key or replace, as appropriate, any and all locking mechanisms associated with the Unit including doors, dead bolts, mailboxes, and other keyed-locking devices.
If the unit has a security alarm, the new owner should consult the documentation or the alarm manufacturer, and/or monitoring company to change all appropriate pass-codes.
No unsafe, noxious, offensive, illegal activity, or odor is permitted on the Project. No activity shall be conducted on the Property, which in the judgment of the Board of Directors might reasonably be considered as annoying to neighbors of ordinary sensibilities, or might be reasonably calculated to reduce the desirability of the Property for quality of living. No exterior loudspeakers or flashing lights shall be allowed. No person may do anything that will increase insurance rates for the Project without the prior written consent of the Board or which may cause such improvements to be uninsurable or which may cause any policy to be canceled, or suspended or materially modified by the issuing company.
Each Owner is responsible for the conduct of children who are tenants or guests in his Unit. There is no lifeguard, and all children who are under twelve (12) years of age or who cannot swim must always be in the company of an adult when near the swimming pool. Sign(s) to that effect have been posted near the pool. Children under the age of ten (10) years of age may not be left in the Unit without an adult. No children’s toys may be left outside.
No exposed exterior antennas or satellite dishes may be installed anywhere on the Property unless otherwise required by applicable law and then only in strict accordance withy rules and regulations promulgated by the Board.
18. Utilities & Water Leaks
An Owner shall be strictly liable, regardless of fault, for any damages anywhere by water leaks from the Owner’s dishwashers, bathtubs, showers, commodes, sinks, aquariums, waterbeds, water furniture, and other plumbing fixtures and devices. Each Owner shall be responsible for promptly fixing leaks in all plumbing lines, plumbing fixtures, appliances, lavatories, sinks, tubs, and shower stalls inside the Owner’s Unit. A Unit Owner will be responsible for paying for damages and repairs necessitated by water leaks from his Unit to adjacent Units. If the Association deems it necessary to repair any of these items inside an Owner’s Unit, the Owner shall reimburse the Association for the cost of repair, plus thirty-three percent (33%)for administrative overhead.
19. Vehicle Repair
Except in an emergency when a vehicle is inoperable, vehicles must be serviced or repaired off the Property. Vehicles which have expired license plates, and/or registration stickers, flat tires, those which are obviously inoperable due to missing parts, and those that are deemed a nuisance by the Association or the Board of Directors, are prohibited and shall be removed from the Property at the Owner’s expense. Such vehicles must be removed from the Property immediately upon notice from any Board member or management representative.
Parking of vehicles, motorcycles, and bicycles in grass areas, dirt areas, flowerbeds, or sidewalks is prohibited. Owners and occupants shall park vehicles in their respective parking spaces whenever possible. No Unit Owner or occupant shall park, store, operate, or keep within or adjoining the Project, any commercial-type vehicle, truck, van, motorcycle, motorbike, motor scooter, recreational vehicle, (e.g. camper unit, motor home, trailer, boat, mobile home, golf cart), or other similar vehicle. No Unit Owner or occupant shall park, store, operate or keep within or adjoining the Project, any vehicle over eighteen (18) feet long. Bicycles and similar items may not be stored outside a Unit. No vehicles may be parked or unattended in such a manner as to block the passage of other vehicles on the streets, in the fire lanes, or in driveways to Units. No vehicle shall be left parked and unattended, in the street, along the curb, or in driveway areas in such a manner as to prevent the ingress and/or egress of emergency vehicles (i.e. fire, EMS) or service vehicles (i.e. refuse trucks). No inoperable vehicle may be stored on the Project. Owners or occupants with second vehicles shall park their second vehicle in their designated parking spaces or in unassigned parking spaces. Owners and occupants may not park more then two (2) vehicles per Unit in the Project on a permanent or regular basis. Owners may not use unassigned parking spaces for vehicle, boat, recreational vehicle, trailer or motorcycle storage or long-term parking. Motorcycles and bicycles may not be parked on balcony walkways, or underneath stair wells. If someone is physically disabled, the Board will, within reason, accommodate special requests for wheelchair parking if possible. Handicap parking signs much be honored.
21. Anti-Theft Alarms
Owners and occupants who have vehicles with anti-theft systems shall not allow the alarms or horns to go off and disturb other persons in the Project for more than three (3) minutes, and any vehicle violating the three (3) minute rule shall be deemed to be illegally parked and subject to immediate towing, without prior notice to the vehicle owner or operator, by the Association under the Texas towing statutes. The Association may, without liability to the owner or operator of the vehicle, cut or disconnect any power source to such alarm or horn to avoid having to tow the vehicle.
22. Towing Illegally Parked Vehicles
Vehicles parked in violation of these rules may be removed and stored without permission of the vehicle’s owner or operator. Notice and removal shall be in accordance with Article 6701g-2 of the state statutes. A Unit Owner is liable for all costs of towing illegally parked vehicles of the Unit Owner, his family, guests, or tenants.
23. Pest Control
Association shall have the right to enter an Owner’s Unit, at the Owner’s expense, for purposes of pest control if the Owner’s failure to control pests inside his Unit is adversely affecting other Units.
24. Criminal Activity
While on the Project, no person may violate any criminal laws, health codes, or other applicable laws. No tampering with water, lighting, sprinklers, pool equipment, or other Common Elements is allowed. Any and all criminal activity shall be reported and prosecuted to the fullest extent of the law.
25. Eviction of Tenants
Under the Declaration, the Association has the right to evict an Owner’s tenant who substantially or repeatedly violates the Association’s rules and regulations.
26. Common Area Modifications
No Owner may construct, alter, modify, landscape, trim, or otherwise perform any work what so ever, upon any of the Common Areas, Limited, or General, without the prior written approval of the Plans therefore by the Declarant or sixty-seven percent (67%) of the Association members. No additional exterior awning, shades, railings, or lighting may be installed.
27. Common Area Repairs
If the Common Area is in need of repair or maintenance, you are requested to contact the Association’s management company immediately and leave a message about what needs to be fixed. This is especially important if exterior lighting or the automatic closing and latching devices on the pool gates are malfunctioning.
Owners and tenants are not permitted to directly contact any contractors or authorize any services to the Common Areas, except as provided in Article VI Executive Committee of the Bylaws of the Association. If such contact and/or authorization does occur and services are billed to the Association, the owner will be responsible for the full cost of the services.
28. Unit Interior Repairs by Management Company
The Association’s management company will respond to tenant requests for repairs only in the case of an emergency. Tenants must contact the Owner for repairs and installations. Upon request, the Association’s management company will provide Owners with the names and phone numbers of suggested workers for repairs and installations. Owners must look solely to the work men or contractors performing the repair for warranties or guarantees. The Association assumes no responsibilities for such work.
29. Smoke Detectors
Each Owner is required to have and maintain battery or A/C electric smoke detector(s) in Owner’s Unit in accordance with local and state codes/law. The occupants must keep any batteries in working condition at all times.
30. Number of Occupants
The number of permanent occupants that may reside in a Unit is a maximum of five (5)persons for Two-Bedroom Units and three (3) persons for One-Bedroom Units.
Policies Applicable Primarily To Owners
31. Condominium Leasing
Leasing of Units is allowed only if (a) all leases are in writing and are subject to the provisions of the Declaration and Community Policies, (b) a copy of the then-current Community Policies are provided to an Owner’s tenant by the Owner at the beginning of the lease terms, (c) the Unit is not leased for hotel or transient purposes for less than thirty (30) days, and (d) the Owner and tenant comply with all applicable Community Policies. The Board recommends that all Unit Owners use the latest Texas Apartment Association Condominium Lease Forms when leasing their Units.
32. Leasing of Units by Management Company
The Association’s management company may, with authority and compensation from a Unit Owner, lease, manage, and/or sell an Owner’s Unit. In doing so, the management company does not represent or act for the Association. The management company is not paid by the Association to lease, manage, or sell individual Units for the Owners.
The Board may levy reasonable fines on Unit Owners for violating the Declaration or Community Rules and Regulations. The minimum fine for each violation shall be $25.00. Each day of violation may be deemed a separate violation by the Board. Fines may be assessed only if the Unit Owner is notified of the nature and approximate date of the violation and the amount of the fine. There must be a notice of the alleged infraction and fine to the Owner no later than forty-five (45)days from the alleged infraction. Any Unit Owner and/or his family, guest, or tenant who has been fined may appeal the fine and appear before the Board to ask that the fine be dropped and to explain why. In order to appeal a fine, the Owner must request such appeal in writing within thirty (30) days of management’s mailing of the fine notice to the Owner.
34. Late Charges
The charge for late payment of monies to the Association shall be $25.00 charge to cover the administrative costs and overhead of collection (excluding attorney’s fees). HOA Dues, penalties, and other monies are due to the Management Company or its designated representative with a postmark of no later than the third (3rd) day of the month due unless otherwise noted. Any monies received after the due date shall be subject to fines and penalties.
35. Return Checks
The charge for a returned check is $25.00.
36. Board Access to Units
The Association shall have the right to enter an Owner’s Unit for purposes of (a) an inspection for utility leaks and frozen pipes (b) prevention of water pipe freezing (by turning on heat or dripping faucets), and (c) protection of property rights and quiet enjoyment of other Owners, and (d) any other reason as defined in the Declaration and Community Rules and Regulations.
The Association may request, but not require, Owners to furnish the Association with entry keys to their Units for such purposes. If the Unit is unoccupied at the time such entry is needed for such purposes, only a locksmith may be used for gaining entry except in the case of extreme emergency such as a fire. Emergency utility leaks may be repaired by the Association at the Owner’s expense without prior notice. Utility leaks for which the Owner is responsible under the Declaration, Bylaws, or rules, may be repaired by the Association at the Owner’s expense with prior notice delivered to the Unit if the Owner fails to promptly repair them.
If the Unit is vacant and for sale or lease, the Unit Owner shall furnish a key to the Unit in a sealed envelope to the Association until it is sold or leased, such key to be used only in the event of a suspected utility leak or repairs thereof.
The Board and/or management may disclose in newsletters, and by other means, the names of Owners who are delinquent in any sums due the Association, the amount of the delinquencies, and the names of the violators and disciplinary action taken against Unit Owners. The right to vote for matters of Association business and the right to use common facilities such as the swimming pool, etc., of any Owner who is more than thirty (30) days delinquent on any sum owed to the Association, are automatically suspended without notice. If an Owner is delinquent in the payment of any sum due the Association for a period of thirty (30) and sixty (60) days, a certified letter stating the amount due and any associated penalties shall be sent to the Owner demanding collection. If any Owner is delinquent in the payment of any sum due the Association for a period of ninety (90) days or more, the Board may place a lien on the title of the property to prevent resale; additionally, the Property Management Group, or a designated representative, shall not issue a resale certificate until the sum owed the Association have been paid.
38. Fees for Special Services
Fees chargeable to Owners for special services (such as furnishing resale certificates eligibility certificates, copies of declarations, copies of information sent to mortgages, copies of accounting records, etc.) shall be set by the Property Management Company or their designated representative.
39. Change of Address
Owners shall keep the Association informed of their current addresses. Any change of addresses shall be submitted to the Board of Directors within ten (10) days of change.
40. Names and Addresses of Tenants
Owners shall notify the Association of current names and addresses of tenants of their respective Units within ten (10) days of occupancy or change thereof.
41. Name and Address of New Owners
An Owner may not sell or convey his Unit without all monies due and owing to the Association being paid in full, and if such Owner does sell, convey, or transfer his Unit without paying such monies, such selling Owner shall remain liable for all monies accruing to the Association thereafter on such until such monies are paid in full.
If an Owner sells or transfers ownership of Owner’s Unit and fails to notify the Association of the sale, the selling Owner shall continue to be liable for the assessments accruing after the sale or transfer of the until such time as the selling or transferring Owner notifies the Association in writing of the name and address of the new Owner.
42. Security Device Requirements if You Rent Your Unit
If you rent your Unit, a special statute provides that you must re-key at every tenant turn over and you must install and maintain certain kinds of security devices in your Unit. This is very important, since you could be held responsible for crimes committed against your tenants that are caused, in part, by your failure to comply with the 1993 Texas Security Device Statute.
43. Interior Water Leaks
Failure of a Unit Owner to promptly report a water leak to the Association within thirty (30)days after evidence of the leak in the interior of the Owner’s Unit, can cause damage to be compounded many fold. This is especially true when leaks occur from windows, roofs, or other exterior areas. This can result in water running down the interior of perimeter walls and damaging the interior of the Unit walls, and interior surfaces, ceilings, or carpets in Units. The failure of the Owner to report any evidence of a leak within thirty (30) days after the first sign of the leak shall mean that the Unit Owner shall pay for eighty-five percent (85%) of the cost of any repairs to any Common Element, which the Association would otherwise be liable to fix and pay for under the Declaration. Unit Owners purchasing their Units are responsible for the failure of the preceding Owner to report such leaks, as applicable.
44. Declaration Provisions
Many of these policies are directly from the Declaration of Covenants, Conditions, and Restrictions, which apply to Owners and their occupants and guests. Some of the policies are in addition to what is in the Declaration. All Declaration provisions apply, even if not set forth here in. Except for provisions of these policies that come from the Declaration, the policies may be changed or added to by the Board.
45. Release of the Association, Officers, and Directors
AS PROVIDED IN THE DECLARATION APPLICABLE TO THE CONDOMINIUM PROJECT, THE ASSOCIATION AND ITS OFFICERS AND DIRECTORS SHALL NOT BE LIABLE TO UNIT OWNERS, THEIR TENANTS, AND PERSONS ON THE PROPERTY AT THEIR INVITATION OR WITH THEIR PERMISSION, FOR PROPERTY DAMAGE, PERSONAL INJURIES OR HARM RESULTING AT ANY TIME FROM NEGLIGENT CONDUCT OF THE ASSOCIATION, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS RELATING TO ENFORCEMENT OR NONENFORCEMENT OF THE ASSOCIATION’S DECLARATION OR RULES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY DECLARATION PROVISIONS AND RULES REGARDING PET LEASH REQUIREMENTS, TRAFFIC INTERSECTION SIGHT LINES, SWIMMING POOL RULES, TRAFFIC SIGNS, VEHICLE PARKING, COMMON AREA LIGHTING OR FENCING, COMMON AREA SECURITY, HAZARDOUS MATERIALS STORAGE, ELECTRICAL LINES, GAS LINES OR SANITARY SEWER SYSTEM FAILURES, ETC. UNDER THE DECLARATION, BY ACCEPTANCE OF A DEED OR LEASE, OWNERS AND TENANTS, AS WELL AS PERSONS ON THE PROPERTY AT THEIR INVITATION OR WITH THEIR PERMISSION, ARE DEEMED TO HAVE RELEASED THE ASSOCIATION AND ITS OFFICERS AND DIRECTORS FROM SUCH LIABILITY, TO THE EXTENT AUTHORIZED BY LAW. THE FORGOING DOES NOT RELEASE AN OFFICER OR DIRECTOR FROM LIABILITY FOR ACTS OR OMISSIONS WHICH ARE (A) A BREACH OF THE OFFICER’SOR DIRECTOR’S DUTY OF LOYALTY AND FIDUCIARY DUTY TO THE ASSOCIATION OR ITS MEMBERS, (B) ACTS OR OMISSIONS NOT ION GOOD FAITH OR INVOLVING INTENTIONALMISCONDUCT OR A KNOWING VIOLATION OF LAW, (C) A TRANSACTION FROM WHICH ANOFFICER OR DIRECTOR RECEIVES AN IMPROPER BENEFIT, WHETHER OR NOT THE BENEFIT RESULTED FROM AN ACTION TAKEN WITHIN THE SCOPE OF THE DIRECTOR’S OFFICE, OR (D) AN ACT OR OMISSION FOR WHICH THE LIABILITY OF THE DIRECTOR ISEXPRESSLY PROVIDED BY STATUTE.
ALLENDALE CONDOMINIUM HOMEOWNERS ASSOCIATION, INC.
February 22, 2010 Date of Adoption
AMENDMENT OF RULES AND REGULATIONS
AND NOTICE OF DEDICATORY INSTRUMENT
ALLENDALE CONDOMINIUM HOMEOWNERS ASSOCIATION, INC.
Document Reference. Reference is hereby made to that certain Allendale Condominiums Condominium Declaration and Master Deed, filed at Vol. 13061, Pg. 0032 in the Real Property Records of Travis County, Texas (together with all amendments and supplemental documents thereto, the "Declaration")
Reference is further made to the Allendale Condominiums Community Rules and Regulations, filed as document No. 2010040458, as amended my Document No. 2012088937, both in the Official Public Records of Travis County, Texas (together, the "Rules")
WHEREAS the Declaration provides that owners of units subject to the Declaration are automatically made members of Allendale Condominium Homeowners Association, Inc. (the "Association);
WHEREAS the Association, acting through it's board of directors (the "Board"), is authorized to adopt and amend rules and regulations governing the property subject to the Declaration and the operations of the Association pursuant to Section 82.102(a) of the Texas Uniform Condominium Act, including leasing restrictions, and has previously adopted the Rules;
WHEREAS the Board has voted to amend and supplement the Rules as provided herein; and
WHEREAS Section 202.006 of the Texas Property Code requires that a homeowners association record all dedicatory instruments in the county in which the related property is located;
THEREFORE, the Association does hereby file this amendment to the Rules:
Rule 46.6 is restated in it's entirety to read as follows:
46.6 NEW LEASES AND RENEWAL OF LEASES
(A) New leases
Prior to leasing (any lease other than a renewal of an existing lease with the exact same tenants and occupants), owners must:
- pay a non-refundable administrative fee of $100 to the association;
- for non-grandfathered units, submit a leasing application to the association and receive written consent to the application. Consent will only be given if owner occupancy is at least 65% and all other conditions of this Subsection (A) are met;
- for grandfathered units, be in good standing as of the date of lease signature
- for non-grandfathered units, be in good standing as of the date a leasing application is submitted to the association.
(B) Renew without Board permission (with notice only);
If written consent to leasing was originally granted for the lease, or if the unit is grandfathered and thus no consent was required, Owners may renew the lease without board permission if (and only if);
- the owner is in good standing at the time of the lease renewal;
- the tenants and occupants on the renewal lease are exactly the same as those in the original lease (otherwise, procedure for a new lease must be followed); and
- a copy of the renewed lease, along with the names of all tenants and occupants, is provided to the association within seven days of the effective date of renewal; AND
- for non-grandfathered units, at least 65% of the units are owner occupied
*** it is the owner's responsibility (for non-grandfathered units) to consult with Association management prior to any lease renewal to determine the then-current owner-occupancy ratio and confirm the owner's good standing***
(C) Renewal and Board Permission. A lease renewal that contemplates any different tenants or occupants other than those allowed under the original lease is considered a new lease, and all rules (including the application fee, background check requirement, etc) apply. If there are fewer than 65% owner-occupied units, those wishing to continue renting must request to be placed on the wait list (except for grandfathered units). If there is no wait list, the unit may be leased subject to the restrictions outlined in these rules and other governing documents. It is the owner's responsibility to contact the Association's managing agent to determine whether there is a waiting list. It is the owner's responsibility to apply for and obtain any required written leasing permission prior to entering into any lease.
Subject soley to the amendments contained herein, the Rules remain in full force and effect.
ALLENDALE CONDOMINIUM HOMEOWNERS ASSOCIATION, INC.
February 28, 2013 Date of Adoption